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UVICK v. SEALAND

27 A.D.2d 956 (1967)

Margaret Uvick et al., Respondents, v. Evans F. Sealand, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1967

Order reversed, without costs, and motion denied, with leave to renew upon papers making a factual showing of merit.

In our opinion, there are not enough facts presented to show that the method used in the operation was improper or contrary to custom and usage, or to show that there was negligence in its performance, or to substantiate the other allegations of negligence (see Dembicer v. Rosenthal, 53 Misc.2d 777, affd...

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